R v CHAK, Yuk Nan; R v MAN, Michael Angelo; R v YEUNG, Shan Chiu [2017] NSWDC 315

District Court New South Wales

Medium Neutral Citation: R v CHAK, Yuk Nan; R v MAN, Michael Angelo; R v YEUNG, Shan Chiu [2017] NSWDC 315 Hearing dates: 21 September 2017 Date of orders: 21 September 2017 Decision date: 21 September 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Full-time custodial sentence. For orders relating to Mr Chak see [91] For orders for Mr Man see [93]. Orders relating to Mr Yeung adjourned to a later date. Catchwords: CRIMINAL – SENTENCE – money laundering offences – Chak: seven counts of dealing with property reasonably suspected of being proceeds of crime – $4,700,000 – 46 years old – organised the operation in Australia under the direction of people overseas – Hong Kong national – a wife and daughter – qualified master carpenter – no mental or physical health conditions – Man: four counts of dealing with property suspected of being proceeds of crime - $2,000,000 – 27 years old – trusted delivery man – Hong Kong national – no physical or mental health problems – Yeung: two counts of aiding and abetting with money reasonably suspected of being the proceeds of crime – 50 years old – trusted delivery man – two prior convictions in Australia – long-term gambling addiction – Chak and Man have good prospects of rehabilitation – all offenders gave false information in interviews with police – none of the offenders could adequately support a claim of non-exculpatory duress – no ruling required on the state of mind of the offenders as that would violate the principles outlined in the case of Di Simoni – limited assistance provided by the sentencing statisitics – full discount for facilitation of course of justice – totality of sentencing Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Almada v R [2015] NSWCCA 19 Arsiotis v Regina [2015] NSWCCA 275 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Jimmy v R [2010] NSWCCA 60 Leacock v R [2017] NSWCCA 47 Mill v The Queen (1998) 166 CLR 59 Nguyen v R [2009] NSWCCA 181 Pearce v R (1994) 198 CLR 610 R v Assafiri [2007] NSWCCA 159 R v De Simoni (1981) 147 CLR 383 R v Hammoud [2000] NSWCCA 540 Regina v Jiao [2015] NSWCCA 95 Shi v R [2014] NSWCCA 276 Category: Sentence Parties: Regina (Crown) Yuk Nan Chak (Offender) Michael Angelo Man (Offender) Shan Chiu Yeung (Offender) Representation: Counsel: Mr Jordan (CDPP Solicitor) Counsel for Mr Chak: Mr Ramage QC (Counsel) Counsel for Mr Man: Mr Lloyd QC (Counsel) Counsel for Mr Yeung: Mr Lloyd QC (Counsel) File Number(s): 2016/001876782016/001876542016/00187698 Publication restriction: Nil